BOBY Vs. STATE OF U.P.

JUDGEMENT

(1.) This application for bail has been presented on behalf of the appellant Bobby @ Sushil who has been convicted vide judgment dated 08.04.2011 and punishment order dated 11.04.2011 by the Court of 13th Additional Sessions Judge, Saharanpur in joint trial of S.T. No. 705/ 2005 (State Vs. Boby @ Sushil) u/s 302 IPC and S.T. No. 706/ 2005 (State Vs. Boby @ Sushil) u/s 25/4 Arms Act relating to the police station Kotwali Dehat, Saharanpur; and punished for the charge u/s 302 IPC with imprisonment of life and Rs. 20,000/- as fine, and for the charge u/s 25 Arms Act with the rigorous imprisonment of one year and Rs. 5,000/- as fine.

(2.) The prosecution case in brief was that on 4.09.2005 at about 11.50 pm in the night, constable Navin Kumar and constable Naresh Kumar were going on the pathway of a canal, when they heard some noise and saw the accused Boby @ Sushil coming towards them with a knife in his hand. The constables stopped him and enquired, then accused Boby @ Sushil informed them in the presence of other persons that his brother Laxman, who had a criminal antecedent had altercations with him in the evening, so he had tied his hands and legs and killed him with this knife by slitting the neck. Then both constables went alongwith the witnesses and accused on the spot and found that in the sahan (land appurtenant) of the house of the accused dead body of Laxman was lying and blood was scattered there. Then they brought Boby @ Sushil with them, alongwith the knife, to the police station where they lodged FIR on 05.09.2005 at 2:00 a.m in the night, on the basis of which case crime no. 85/435 of 2005 under Section 302 IPC and case crime no. 86/436 of 2005 under Section 25 Arms Act was registered.

(3.) After investigation, police submitted a charge-sheet against the accused Boby @ Sushil for the offence u/s 302 IPC & u/s 25/4 Arms Act; on the basis of which, S.T. No. 705/ 2005 and S.T. No. 706/ 2005 were registered and their trial was held jointly. During trial the prosecution examined PW-1 Naresh Kumar, PW-2 Subhash, PW-3 Ramesh, PW-4 Navin Kumar, PW-5 constable Nagendra Singh, PW-6 Dr.Ved Prakash, PW-7 Harendra Mallik and PW-8 Inspector Vijay Kumar Yadav (I.O.).